Senate committee substitute to the 2nd edition makes the following changes.

Section 12.

Inserts new Section 12, amending NC Rule of Civil Procedure 5 (GS 1A-1), pertaining to service and filing of pleadings and other papers, as follows. With respect to any document filed by the court that is required to be served, permits service by the court to be made by a notice that identifies the document filed and directs the recipient to an internet location where the document is available to the recipient. Amends provisions pertaining to service through the court’s electronic filing or case management system to provide that service is only made on party (not an attorney) using these system(s) if it is made to an email address on record with the court in the case if the party has consented to receive service electronically through these systems and the consent has been filed with the court by any party. Now specifies that service is made on an attorney using these systems if service is made through these systems to an email address on record with the court. Specifies that service through these systems must be sent by 5:00 pm EST on a regular business day, and if sent after that time, it will be deemed to have been sent the next business day. Specifies that if service is not available electronically that the serving party may effect service on a party’s attorney of record by mailing a copy to the attorney’s mailing address of record with the court (currently, just need to mail it to attorney’s office). Clarifies that for items filed through the court’s electronic filing system, the automated certificate of service must be generated by the system and filed in the case to satisfy rule’s certificate of service requirements (currently, just requires automatic generated certificate of service to comply with rule). Makes conforming changes to account for case management systems and changes to rule pertaining to electronic service upon a party.

Enacts new GS 84-39 (member’s address of record with the court) requiring each member of the State Bar to provide a provide a mailing address, phone number, and email address to the secretary-treasurer of the State Bar to be that member's contact information of record with the court. Specifies that contact information provided by the member will be used for service of pleadings and other papers under NC Rule of Civil Procedure 5 unless the member provides different contact information to the secretary-treasurer of the State Bar. Amends GS 84-4.1 (limited practice by out-of-state attorneys) to make out-of-state attorneys subject to filing the same contact information.

Effective August 1, 2023.

Section 13.

Inserts new Section 13, amending GS 122C-261 (affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary for involuntary commitment) as follows. Changes the scope of GS 122C-261(d) from applying to applying to all commitment examiner affiants to commitment examiner affiants filing a petition and affidavit for an involuntary commitment in a county that has not implemented an electronic filing system approved by the Director of the Administrative Office of the Courts. Now requires when a physician or eligible psychologist affiant at a 24-hour treatment facility for involuntary commitment of clients recommends inpatient commitment, that the clerk or magistrate, if finding probable cause to believe the respondent meets criteria for inpatient commitment, to issue a commitment order by facsimile or electronic transmission to the physician or psychologist (currently, magistrate “may” issue orders using facsimile or electronic means).

Specifies that if the affiant is a commitment examiner filing a petition and affidavit for an involuntary commitment in a county that has implemented an electronic filing system approved by the Director of the Administrative Office of the Courts, requires the commitment examiner or their designee to file the affidavit and petition, as well as any other supporting documentation required by law, through the electronic filing system, in addition to other requirement listed in GS 122C-261(d). Specifies that the original custody order is not required to be mailed to the clerk or magistrate. Further specifies that in such counties, commitment examiners must also file any subsequent documentation and notifications prescribed by statute to the clerk of superior court through the electronic filing system.

Amends GS 122C-262(c) (special emergency procedure for individuals needing immediate hospitalization), GS 122-266(c) (outpatient commitment second examination and treatment pending hearing), and GS 122C-283(e) (first examination by commitment officer for substance abuse) to specify that the statutory documents (e.g.,  under GS 122C-262 certificates of immediate hospitalization completed by commitment examiners under the statute; finding of a physician under GS 122-266; and findings of physician or eligible psychologist and commitment examiner under GS 122C-283) can be sent to the clerk through an electronic filing system, if the county has implemented e-filing or by the most reliable and expeditious means otherwise available (currently, no mention of e-filing and just must send by most reliable and expeditious means).  Makes clarifying change to GS 122C-283(c). 

Effective April 1, 2024.

Section 14.

Inserts new Section 14, amending expunction eligibility under GS 15A-145.5 (expunction of certain misdemeanors and felonies) as follows. Removes felony offenses under GS 14-54 breaking or entering any building with intent to commit a felony or larceny as offenses exempt from the meaning of “nonviolent misdemeanor” or “nonviolent felony” under the expunction statute.

Amends the time periods for expunctions of up to three nonviolent felony convictions as follows. Enacts new subsubsubsection GS 15A-145.5(c)(2)(a1) that allows a person convicted of one nonviolent felony under GS 14-54(a) to file petition for expunction 15 years after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later. Makes conforming change to GS 15A-145.5(c)(2)(a) to reflect new (a1). Amends GS 15A-145.5(c1) to remove references to specific waiting period years in the affidavit statement of good moral character. Expands the scope of what the court must find in order to grant a petition for expunction of one or more nonviolent misdemeanors or one to three nonviolent felonies to include findings that (1) in addition to having no outstanding warrants or pending criminal cases, the petitioner is not under indictment, and no finding of probable cause exists against the petitioner for a felony, in any federal court or state court in the United States and (2) the petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Removes references to specific waiting period times in finding related to other felony or misdemeanor convictions required to grant petition for expunction and in finding related to completing the waiting period itself.

Effective December 1, 2023, and applies to petitions filed on or after that date.

Makes organizational changes to account for newly added sections. Makes conforming changes to act’s long and short titles.